1
Type Speaker CPD Hours Level
Webinar
1 UpdateInformation
SRA Competency B

Introduction

The Covid- 19 pandemic has highlighted a number of uncertainties for both insured and insurers about the scope of traditional 'non-damage' business interruption insurance. The Supreme Court's decision in FCA v Arch addressed many of these issues. That decision has since been the subject of further judicial comment. Also, following the decision, the FCA has provided vital tools to enable insureds to prove their loss as well as guidance on the response to be expected from insurers. Anyone who writes, advises on, or handles claims under business interruption insurance should be aware of these developments and the current guidance from the Courts and the Regulator.

What You Will Learn

This webinar will cover the following:

  • The background to the Supreme Court's decision on 'non-damage' business interruption insurance in FCA v Arch and its wider significance for insurance law
  • The correct approach to issues of causation, the 'but for' test, the treatment of concurrent proximate causes in business interruption claims and the last word on Orient Express Hotels v Assicurazioni Generali SpA
  • The FCA's guidance on proving the presence of Covid 19 for the purposes of an insurance claim including the use of the 'Covid 19 Calculator' and Imperial College Data for this purpose
  • Lord Mance's award in Various Policy Holders v China Taiping Insurance in which he comments and enlarges on the Supreme Court decision in FCA v Arch
  • The interpretation of standard clauses and the scope of the cover afforded under denial of access and disease insurances
  • The operation of the 'trends clause' in the calculation of business interruption loss
  • The most recent cases on Covid 19 business interruption insurance coverage

This webinar was recorded on 28th April 2022

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‘Non-Damage’ Business Interruption Insurance - Where Are We Now?

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